Oral Answers to Questions

Duncan Baker Excerpts

Tuesday 26th March 2024 Commons Chamber

[Duncan Baker (North Norfolk) (Con)]

7. What steps his Department is taking to help ensure that victims of domestic violence are protected throughout court proceedings.

[The Parliamentary Under-Secretary of State for Justice (Laura Farris)]

The Domestic Abuse Act 2021 was transformative with the protections it gave to domestic abuse victims through the justice system. To give just a few examples, up-front legal aid is available to all domestic abuse victims seeking a protective order, without having to establish evidence of abuse. Our upcoming legal aid means test review will significantly increase eligibility and exclude disputed assets, such as the marital home, from consideration. Perpetrators are prohibited from cross-examining their victims, and victims are entitled to the support of an independent domestic violence adviser throughout the process.

[Duncan Baker]

My office has recently assisted with several cases regarding the use of court proceedings involving victims of domestic abuse. In many cases, family issues are going straight to trial without any mediation, which causes far more trauma for all parties concerned. Can the Minister assure me that we will always place the victim at the forefront of court proceedings in these circumstances?

[Laura Farris]

It is specifically to address that issue that we commissioned our harms panel, which conducted excellent work, as a result of which the Ministry of Justice has conducted a pilot of pathfinder courts in Dorset and north Wales focused on preventing exactly this issue. Those courts have focused on creating a less adversarial system where domestic abuse allegations are investigated and resolved at an early stage without being intensified through the court. My hon. Friend will be glad to hear that so successful has the pilot been that it will now be rolled out on a national basis, starting next month with courts in south-east Wales and in Birmingham.

Community and Suspended Sentences (Notification of Details) Bill

Duncan Baker Excerpts

2nd reading
Friday 23rd February 2024 Commons Chamber

[Duncan Baker (North Norfolk) (Con)]

This is a very useful little Bill. It is hard to argue with any of it, and I am grateful to the hon. Member for Newport West (Ruth Jones) for introducing it.

When I was reading about the Bill, I immediately thought of a case that I had encountered a couple of years ago—I was already a Member of Parliament at that time— which resonated with elements of it. That case originated in an email from an individual. The name that came up on my computer was different from the email address, which was itself different from the name used in the sign-off. Let us just say that the email in question was not necessarily sympathetic to what I thought was the fine work that I was doing in North Norfolk. As a fairly nice chap, which I consider myself to be, I wrote back to the individual and said, “Of course, I will meet you.” I did my own bit of research—MPs’ security is very pertinent at the moment—to discover, from the three different names that I was given, who that individual was. I do not want to give too much away—doing so would reveal that person’s identity—but I found out who they were, and they had served a prison sentence for a crime and were now out. I shall not go into the nature of their crime, but it immediately rang alarm bells, and I contacted the police to request their presence at my surgery.

When reading about the Bill, and how people on community sentences are weaved into it, I thought that that case was pertinent. There are individuals out there who are hiding behind aliases—effectively trying to be anonymous—to contact and meet MPs and other public officials, so this is a good Bill. It is ironic and incredible that in today’s life, in which everything we do is tracked by our smartwatch, mobile phone and Alexa—other brands are out there—people cannot be found. Of course, if someone is using an alias and trying not to be detected, those things can clearly happen.

One reason I thought this Bill so important is that it reminded me of the experience of my friends in the Probation Service. In his remarks, will the Minister set out whether the Probation Service can cope with the additional workload required by the Bill? Tomorrow is the second anniversary of the Russian invasion of Ukraine. A year ago, I took generators to Ukraine. It takes about nine hours of solid driving to get from North Norfolk all the way across to Ukraine. When driving a Transit van that far, one gets to know one’s cab mates pretty well. I was sitting with a friend who is a probation officer. After hours on end, when every other possible conversation between two blokes had been exhausted—many of which cannot be repeated in the House—we started to talk about his life in the Probation Service. It made me realise just how tough and important a role that is.

In my previous career—I will openly admit that I was an accountant—I had absolutely no idea about the criminal justice system, and did not until I became an MP. The comments from my hon. Friend the Member for Heywood and Middleton (Chris Clarkson) about being a Tory wet were really interesting. I am probably a bit of a Tory wet, but I did not realise it. Before I was an MP, I certainly was not, but now, having learned about the criminal justice system, I have far more awareness of just what the hard-working men and women in our prison service do, and they are quite phenomenal in their roles. After that small conversation about the Probation Service with my friend while travelling to Ukraine a year ago, and with much more understanding of the criminal justice system today, I have far greater awareness of and respect for what those men and women do.

My first trip of this year, on 3 January, when we were in recess, was a visit to HMP Bure, a category C men’s prison in my constituency, right on the border. It is home to 643 prisoners and is run by Governor Rhoden and the other fine men and women who work there. All the strands I have talked about today were conceptualised when I went on that visit, because I realised just how tough a job those working in prisons do, and that rehabilitation is so important. I had been completely unaware of what those incredibly hard-working and decent men and women do behind the scenes. For a few hours, I got to see what prison life is like, what prisoners do and how their rehabilitation works. I admit that I had not taken into account that I would see prisoners on bicycle mechanic courses, art courses and welding courses, which prepare them for life outside prison, and give them a skillset, so that they can find employment.

Again, I want to place on the record—I have said it a few times—my thanks to the hard-working men and women at HMP Bure. They are not respected enough in society, or paid enough, for the hard work they do, and the conditions are not always good. One of their biggest concerns is their retirement age. There is campaign to lower it from 68; perhaps the Minister could comment on that. Is it in the public’s interest or fair that police officers retire at one age and prison officers at another, much older age, which is 68 for new intakes? These people are on their feet all day long, and often put themselves at high risk. In a civilised society, we need to look at their retirement age.

[Cherilyn Mackrory]

I am astounded to hear that it takes only nine hours to get from Norfolk to Ukraine, given that it takes five hours to get from Westminster to Cornwall, but that is a different matter.

I agree with all my hon. Friend’s points about prison officers. Does he agree that asking somebody who needs to use their physical strength in their job to work until they are 68 is often quite a big ask?

[Duncan Baker]

I do, which is why the retirement age needs to be looked at properly, in the context of the retirement age for those in similar roles in society, such as police officers. Getting from Norfolk to Ukraine involves nine hours’ driving a day over about two and a half days—my apologies if I did not make that clear. I went through Holland, Germany and elsewhere. It is a long way; let me put it like that.

I will finish there. I again thank the hon. Member for Newport West for introducing a very interesting Bill. It feels like complete common sense, and I hope it is supported.

Oral Answers to Questions

Duncan Baker Excerpts

Tuesday 20th February 2024 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Laura Farris)]

I think the hon. Lady for her question. The Criminal Justice Bill deals with repeal provisions for the Vagrancy Act, and we are bringing the Bill back on Report with more on rough sleeping.

[Duncan Baker (North Norfolk) (Con)]

T8. I welcome the fact that 20 Nightingale courtrooms have been set up around the country to boost capacity, but none of them appears to be in the east of England. I know we are all well behaved in the east, but have we been forgotten?

[Mike Freer]

I can reassure my hon. Friend that we would not dream of forgetting about him. We have seen an increase, particularly on special educational needs and disabilities, of over 300% in receipts, and with the increased number of judges and panel members, we are seeing a 37% increase in disposals this year. We are trying to address the issue of SEND with the Department for Education, and if my hon. Friend thinks there is a problem in this area, I am more than happy to meet him to discuss it.

Oral Answers to Questions

Duncan Baker Excerpts

Tuesday 22nd November 2022 Commons Chamber

[Edward Argar]

On the hon. Lady’s first point, we are unable at this stage to give a firm timescale for that data because capturing data on joint enterprise will depend on the level of change needed to the Common Platform and on the cost and work required to develop, test and implement it. On her broader point, the Government recognise that convictions based on joint enterprise appear from some studies to affect black, Asian and minority ethnic groups disproportionately. However, I assure her that the Crown Prosecution Service can only apply the law when making decisions, and race or ethnicity should play no part in any such decision making. We recognise the importance of the law of joint enterprise, and the consequences it can have for defendants and their families as well as for victims and their families.

[Duncan Baker (North Norfolk) (Con)]

4. What steps he is taking to reduce the size of waiting lists for family court cases.

[The Parliamentary Under-Secretary of State for Justice (Mike Freer)]

We established the family mediation voucher scheme in March 2021 to help to reduce the number of private law cases coming into court. We have invested nearly £9 million to date and issued more than 12,800 vouchers to support families. In 2021, family sitting days were at their highest level ever. In July, we introduced a regional virtual court pilot to allow deputy district judges from other regions to sit virtually in London and the south-east so that they can hear as many cases as possible.

[Duncan Baker]

We all know that there are significant backlogs in the family court system. However, what some might not know is that it is having real knock-on effects on families, single parents and children across the country. The sooner those cases can be heard and dealt with, the better for everybody involved. What does my hon. Friend intend to do to address those backlogs, and what specific measures is he taking to ensure that there are enough judges and adequate funding for our family courts?

[Mike Freer]

My understanding is that the voucher scheme has been successful, and that about 65% of families who have used it say that it kept them out of the court process. It is our intention to ensure that the voucher scheme continues, with additional publicity. To address some of the other issues relating to capacity, using the virtual courtroom is a possibility, and the general recruitment of more than 1,000 new judges should help.

Oral Answers to Questions

Duncan Baker Excerpts

Tuesday 18th October 2022 Commons Chamber

[Gareth Johnson]

I totally reject the argument that somehow the Common Platform is responsible for the backlog in the courts; it is not. What happened is that the backlog in the courts increased during covid. We were the first country in the world to recommence jury trials and get our courts back working again. The backlog was going down, but we then had the Bar strike, which, understandably, increased it because barristers were not working, but thanks to the actions of the Lord Chancellor, we now have resolved that issue and can look forward to the backlog coming down.

[Duncan Baker (North Norfolk) (Con)]

11. What recent steps his Department has taken to help support criminal barristers return to work.

[The Lord Chancellor and Secretary of State for Justice (Brandon Lewis)]

We have boosted the system with additional investment and engagement with the Criminal Bar Association. I welcome its constructive engagement and that of the Bar Council, which led to the end of the strike. We have ensured there is an uplift on new cases and for the vast majority of existing cases, which will come into force by 31 October 2022, plus additional funding for case preparation work, further funding for defence barristers involved in pre-recorded cross-examinations, which are used to reduce the trauma of a trial for vulnerable victims and witnesses, by early 2023—coming back to the earlier question from the shadow Minister, the hon. Member for Lewisham West and Penge (Ellie Reeves)—a substantial uplift per year for fees in the youth court and the criminal legal aid advisory board. All those changes, alongside the longer-term proposed reforms, mean there is an increased expected criminal aid spend of £1.2 billion per year. I am glad the barristers are back to work; that is good for victims and we can get these cases moving.

[Duncan Baker]

I thank my right hon. Friend for his collegiate approach and the speed with which he has brought about this situation with the Criminal Bar Association. Can he further assure me that, as well as the 15% uplift for barristers, his Department will continue to invest more widely in criminal legal aid, to ensure that it is adequately funded for the future as well?

[Brandon Lewis]

My hon. Friend makes an important point. The reality is that all lawyers, barristers and solicitors want to be working for the benefit of their clients and to ensure that victims are able to see cases come to justice. Speedy justice is good justice, with positive and proper outcomes through the right processes. Following the publication of the criminal legal aid independent review, we will be investing a further £135 million in criminal legal aid per year, the biggest increase in many decades, and setting out further plans for all parts of the profession as part of our response to CLAIR at the end of November.

Afghan Citizens Resettlement Scheme

Duncan Baker Excerpts

Thursday 6th January 2022 Commons Chamber

[Victoria Atkins]

I am very happy to correct the hon. Gentleman. He will know that we have already flown over people who fulfil those criteria. For example, three cohorts of LGBT Afghans have now been helped by the Government and civil society partners to leave Afghanistan. The Government are working with Stonewall, Micro Rainbow and other LGBT charities to support those cohorts and help them to set up their new lives in the UK. The point about recognising the vulnerabilities of those who have already been flown to the UK is significant because the groups that he understandably highlights in his question are among those who have already been evacuated and who, as I have made clear throughout my appearances at the Dispatch Box and, importantly, in our statement of 13 September, would fall to be eligible under the ACRS.

[Duncan Baker (North Norfolk) (Con)]

The Afghan citizens resettlement scheme is clearly one of the most generous in the world, as my hon. Friend has rightly set out. Does she agree that 20,000 people is a very significant number that continues to reflect the fact that the United Kingdom has been one of the most hospitable countries in helping people in need, provided they come here by safe and legal means?

[Victoria Atkins]

Very much so. Of course my hon. Friend knows that, in addition to the ACRS, we also have the ARAP scheme on which MOD officials and armed forces personnel continue to work very tightly. Although we have set the limit at up to 20,000 under the ACRS, the ARAP scheme sits alongside it and has no such limit. International comparisons are difficult, but the equivalent figure for the United States, for example, would be over 100,000 and we do not believe that any other country, thus far, will exceed 10,000. We believe we can be proud of what we have achieved, but we very much recognise that there is a lot of hard work ahead of us to ensure that people who are evacuated to the United Kingdom are given the warm welcome we have rightly promised.

Ten-Year Drugs Strategy

Duncan Baker Excerpts

Monday 6th December 2021 Commons Chamber

[Kit Malthouse]

The hon. Gentleman is refusing to accept any culpability for the financial situation of the country 12 years ago, when a number of Members—certainly on our side of the House—were still teenagers. Notwithstanding his claim, however, we intend to build a world-class treatment system that will require the acquisition of skills and personnel across the country; and, as I have said, we have undertaken to come to the House annually to report on our progress.

[Duncan Baker (North Norfolk) (Con)]

I thank the Minister for paying tribute to the Norfolk constabulary in his opening remarks. They have done a fine job in smashing county lines drug dealing.

Recreational cannabis undeniably causes harm to individuals and society. When I was a much younger man, I was asked to play football—mainly because I was not very good—with a drug rehabilitation group, and I saw at first hand the devastation that drugs had caused those young men. Notwithstanding the arguments that legalisation would eliminate the crime committed by the illicit trade, I feel that it would not. Can the Minister assure me that we will never legalise cannabis, and that this new strategy will ensure that we crack down on illicit drug use and the misery that it causes?

[Kit Malthouse]

I recognise the situation that my hon. Friend has posited. Indeed, if we look around the world at the countries that have gone down the path that he eschews, we see a pattern of impact that is not completely desirable—and of course we do not know what the impact of overuse of that particular substance will be in the long term, particularly the impact on young people’s mental health. We currently have no plans to change the status of cannabis, and I hope that my hon. Friend will participate in the promotion of the White Paper when it appears in order to bring about the change in behaviour that both he and I seek.

Oral Answers to Questions

Duncan Baker Excerpts

Tuesday 2nd February 2021 Commons Chamber

[Chris Philp]

We have already invested, as I have said repeatedly this morning, a quarter of a billion pounds in total this financial year to make our court estate covid-safe. That is why we have managed to keep the court system operating in the month of January and beyond in a way that was very difficult back in March and April last year. Public Health English is regularly consulted.

On the covid cases the hon. Gentleman mentions, there are tens of thousands of people passing through our court system every day, and the number of covid cases reported among HMCTS staff is in line with what we would expect in the general population. Indeed, those cases are now going down. Best practice is being adopted. Our courts are safe. Of course, where hearings can be done remotely they should be, as we are doing here in Parliament, and that is why we had over 20,000 remote hearings across all jurisdictions last week, but where hearings have to be done in person courts are safe to hear them.

[Duncan Baker (North Norfolk) (Con)]

  If he will make a statement on his departmental responsibilities.

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

The criminal justice system can struggle to meet the needs of those who live with serious mental health problems or conditions such as autism and learning disabilities or learning difficulties sometimes described as neurodivergent conditions. That is something we are determined to change. Last month, we announced landmark reforms to the Mental Health Act 1983 that will strengthen the role that our justice system plays in protecting the most vulnerable, enhancing vital checks and balances to ensure that patients’ rights and wishes are respected, and making sure that offenders with serious mental health problems can gain access to the care they need as quickly and as early as possible. At the same time, we commissioned an independent review to increase our understanding of neurodiversity in justice services, so that we can see what provision is available currently and how we can improve support in the future. A greater emphasis on specialist needs will enable us to build back a fairer and more effective criminal justice system.

[Duncan Baker [V]]

I would like to pay tribute to all the incredibly hard work that prison staff in my constituency at HMP Bure in North Norfolk have contended with over the pandemic. There have been some extraordinary dedicated staff working long hours with onerous duties as we fight the pandemic. Can my right hon. and learned Friend tell me, given the risks prison staff are facing, what assessment has been of vaccinating them as soon as possible?

[Robert Buckland]

I join my hon. Friend in his tribute to staff not only at HMP Bure but at every institution in the prison estate and the wider Her Majesty’s Prison and Probation Service community for the tireless work they have been doing since the outbreak of the pandemic.

My hon. Friend is right to point to the importance of vaccination. Already, prison staff who come within the existing criteria in wave one are being vaccinated in accordance with the Joint Committee on Vaccination and Immunisation advice. For the next phase, I am strongly and actively supporting the prioritisation of prison staff. My officials are working on that with the Department of Health and Social Care. The JCVI has already said that

“those involved in the justice system”

should be considered for prioritisation. I strongly agree.

Prisons (Substance Testing) Bill

Duncan Baker Excerpts

2nd reading & 2nd reading: House of Commons
Friday 16th October 2020 Commons Chamber

[Duncan Baker (North Norfolk) (Con)]

This is an important and necessary Bill, as our Government and prison services continue to tackle the scourge of drugs in an ever-changing landscape. It is a sad fact—I hate to use the word “evolve”—that drugs appear to evolve. Our prison services in England and Wales must therefore have the capability to test for illegal substances. The Bill will simplify that process, adding newly identified psychoactive substances to existing powers for officers to carry out mandatory tests.

In my constituency, I have HMP Bure, a category C men’s prison located in the parish of Scottow. I have paid tribute before to the sterling work, particularly throughout the pandemic, of the many prison officers and staff. HMP Bure is often described as a model example. Many of the prisoners are over 50 and, in comparison, drug abuse is relatively low at 13%. As we heard earlier from the hon. Member for West Ham (Ms Brown), I find it incredible that Spice is impregnated into paper and that sniffer dogs are unable to detect it. What an incredibly difficult situation we find ourselves in. Anything we can do to help to improve that situation and try to tackle the scourge of drugs is welcome.

My right hon. Friend the Member for Chesham and Amersham (Dame Cheryl Gillan) is not able to be here, but the Bill has been very ably presented by my hon. Friend the Member for North West Durham (Mr Holden). I sincerely commend it to the House.

Divorce, Dissolution and Separation Bill [Lords]

Duncan Baker Excerpts

2nd reading & 2nd reading: House of Commons & Money resolution & Money resolution: House of Commons & Programme motion & Programme motion: House of Commons
Monday 8th June 2020 Commons Chamber

[Duncan Baker (North Norfolk) (Con)]

One of the greatest assets of becoming a Member of Parliament is that you can speak on matters that you have experienced first-hand and matters that have affected you deeply. For those who have actually experienced a long, protracted and acrimonious divorce, it leaves an indelible mark on them and, in many cases, on their families and children forever.

I want to speak today on this Bill because it resonates with me personally. I have wrestled, as many Members have, with the potentially difficult connotations that this law has specifically around the devaluing of marriage, which I absolutely do not want to see happen at all. However, as the Lord Chancellor set out, the Government have brought the Bill before us with a specific aim: to ease the unnecessary conflict for couples and children.

Growing up, I experienced my family going through divorce not once but twice: once when I was a toddler and again in my final years of school. This is not the arena to open up those experiences, but this is none the less a policy area in which I am passionate to see the law improve. I am able to speak on behalf of so many people who are affected by the current system, and for the children and families affected by the deep and lasting trauma that a difficult divorce leaves, and I am fully supportive of the ability to change the law and make it better.

I am 100% committed to the values of marriage. Perhaps witnessing that painful divorce was the driving force behind my wanting to have such a happy and fulfilling marriage with my wife and my children. That is one of my proudest achievements and even my wife, who disagrees with me many times, would probably say that it is one of my better achievements. It has been going for 10 and a half years—I know I do not look old enough to have a 10-and-a-half-year marriage. For so many people, that is not the case. To continue to bind people together for years in an irretrievable situation just exacerbates the pain for the parties.

It is a good decision to deal with the consequences. Any ability to remove some of the outdated requirements to allege fault or show evidence of separation will promote a less antagonistic process. However, as some people have said, although removing the ability to lay blame may expediate the process when one party will not accept that there is a problem, we have to balance that carefully with the values of marriage.

As many Members have said, all marriages are worth fighting for. We must not make them overridingly easy to exit, so I am pleased with the measure that ensures that there will be a minimum of 20 weeks from the start of proceedings before someone can give confirmation to the court that the conditional order may be made. Together with the existing six-week period, that will mean that the legal process for obtaining a divorce under the new process will take a minimum of six months. That comforts some of the concerns that I had.

In the breakdown of a marriage, the accompanying ancillary relief procedures are often the bitter and acrimonious parts of the divorce. Like many Members, I would welcome some kind of compulsory marriage guidance within the six-month window to act as a brake—to provide reflection and, indeed, evidence that a marriage has irreversibly broken down.

[Ian Paisley]

Given that the Government carried out a consultation and more than 70% of respondents indicated a concern about where Government policy was going, is the hon. Gentleman as concerned as I am that when it comes to practice the reassurances being given by the Government will be cast aside as casually as the consultation process was?

[Duncan Baker]

I take the hon. Gentleman’s concerns into consideration but, as has been set out, the overriding ambition in all this is not to quicken up the divorce process but to take away some of the exacerbating issues that cause pain and suffering in the breakdown of a marriage. That is the essence of the legislation that the Lord Chancellor has brought to us.

At the very core of the legislation is the goal of minimising conflict and promoting a more amicable resolution. I do not believe that, given the consideration necessary to get married, the measures before us will end up culminating in a speedier divorce process. I think of the absolute difficulty of going through that pain to end up in such a position. It will do more good to help to alleviate the deep conflict that can arise. Above all, if implementing the Bill can do anything to significantly lessen the damage to children’s life chances, I will wholeheartedly support the Government.